Copyright

1. What types of works are eligible for copyright protection in Vietnam?

ELITE: Types of works that are eligible for copyright protection under the Law on Intellectual Property in Vietnam include:

1. Literary, artistic, and scientific works eligible for copyright protection include:

a) Literary and scientific works, textbooks, teaching courses, and other works expressed in written languages or other characters;	b) Lectures, addresses, and other sermons;
c) Press works;	d) Musical works;
e) Dramatic works;	f) Cinematographic works and works created by a process analogous to cinematography;
g) Plastic – artworks and works of applied art;	h) Photographic works;
i) Architectural works;	j) Sketches, plans, maps, and drawings related to topography, architecture, or scientific works;
k) Folklore and folk artworks of folk culture;	l) Computer programs and data compilations.

2. Derivative works shall be protected only if it is not prejudicial to the copyright used to create these derivative works.

3. Protected works as mentioned above must be created personally by authors through their intellectual labor without copying others’ works.

2. List the remedies provided for copyrights infringement in the jurisdiction

ELITE: Under Art. 202 of the IP law of Vietnam, the remedies provided for IP/copyright infringement in Vietnam include:

1)Compelling the termination of infringing acts;

2)Compelling the public apology and rectification;

3)Compelling the performance of civil obligations;

4) Compelling the payment of damages;

5) Compelling destruction, distribution, or use for non-commercial purposes of goods, raw materials, materials, and means used for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution, or use does not affect the exploitation of rights by intellectual property right holders.

3. What is a copyright and related rights consulting service organization?

ELITE: Copyright and related rights consulting and service organizations shall perform the following activities at the request of authors, copyright holders, and related rights holders:

a) Consulting on issues related to the provisions of the law on copyright, and rights related to copyright;

b) Representing authors, copyright holders, and related rights holders to carry out the procedures for submitting applications for registration of copyrights and related rights under authorization;

c) Participating in other legal relations on copyright and related rights, protecting the rights and legitimate interests of authors, copyright holders, and related rights holders under their authorization.

4. Where are the copyright registration certificate and rights relating to copyrights registration certificate valid?

ELITE: The certificate of registration of copyright/related rights is valid throughout the territory of Vietnam.
At the same time, Vietnam has been a member of the Berne Convention on the protection of literary and artistic works from October 26, 2004, so literary and artistic works that have been protected in Vietnam will also take effect for protection in all countries parties to this Berne Convention. There are currently 181 countries party to the Berne Convention, as of February 7, 2023.

5. How long is the time limit for granting registered copyright certificates or registered rights relating to copyrights certificates?

ELITE: According to regulations, the Vietnam Copyright Office is responsible for granting copyright registration certificates and copyright-related rights registration certificates to applicants within fifteen working days from the date of receipt of duly required documents. In case of refusal to grant a certificate of copyright registration or a certificate of registration of copyright-related rights, the state management agency in charge of copyright and copyright-related rights (Vietnam Copyright Office) must notify in a written document and clearly state the refusal reasons for the applicant.

6. What documents does an application for registration of copyright or rights relating to copyrights comprise?

ELITE: An application for registration of copyright or rights relating to copyrights comprises:

A written declaration for registration of copyright or rights relating to copyrights;
Two copies of the work subject to application for copyright registration, or two copies of the fixed object subject to the rights relating to copyright registration;
A letter of authorization where the applicant is the authorized person;
Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from, or assignment by another person;
Written consent of co-authors, for works under joint authorship;
Written consent of co-owners if the copyright or rights relating to copyrights are under joint ownership.

7. What are the benefits of the registration of copyright or related rights?

ELITE: The registration of copyright and copyright-related rights has the following benefits:

Authors, owners of copyright and related rights shall be granted copyright registration certificates or related rights registration certificates with evidence proving that they are the owners of works, having legal evidence that they are the legal owners of works performances, sound recordings, video recordings, and broadcasts.
Authors and copyright holders will have moral rights and property rights from the works they have created.
Authors, copyright holders, and related rights holders do not need to prove that copyright or related rights belong to them in case of dispute unless there is evidence to the contrary.
Quickly detect and prevent infringements.

8. Where is the application for registration of copyright or related rights filed to?

ELITE: Authors, copyright holders, and related rights holders may directly or authorize other organizations and individuals to submit dossiers for registration of copyright and related rights at the Vietnam Copyright Office. Nam or Representative Office of the Copyright Office of Vietnam in Da Nang or Ho Chi Minh City.

9. Is copyright and rights relating to copyright registration required for a work to be protected?

ELITE: The registration of copyright, copyright-related rights (related rights) is not a mandatory procedure for a work to be protected. According to regulations, works are automatically protected from the time the work is created and fixed by the author in a certain material form and such works are subject to the protection of Law on Intellectual Property. Related rights shall be automatically protected from the time when a performance, phonogram, video recording, broadcast, or encrypted program-carrying satellite signal is fixed or displayed without prejudice to copyrights.

However, the registration of copyright and related rights will help the owners to provide legal proof or evidence that they have created the original work and are the real owners of the work when handling copyright disputes in a Court. Thus, when registering for copyrights/ related rights protection, the owner of copyrights/related rights will be more convenient when proving that the copyrights and related rights are his/her own when arising a dispute, and easily and quickly to take legal actions to enforce and handle a third party that infringes upon their copyrights and related rights.

10. How long is the term of protection of rights relating to copyrights?

ELITE: The term of protection of rights relating to copyrights (related rights) is calculated as follows:

Rights relating to copyrights (related rights)	The term of protection
The rights of performers	50 (fifty) years counting from the year following the year of fixation of their performances
The rights of producers of phonograms or video recordings	50 (fifty) years counting from the year following the year of publication, or 50 (fifty) years counting from the year following the year of fixation of unpublished phonograms or video recordings
The rights of broadcasting organizations	50 (fifty) years counting from the year following the year of the making of their broadcasts

11. How long is the term of copyright protection for types of works?

a) Moral rights are protected for an indefinite term.

b) The term of protection for the right to publish works and the economic rights of each type of work is prescribed as follows:

Types of works

The term of protection

1) Literary and scientific works, textbooks, teaching courses, and other works expressed in written languages or other characters;

2) Lectures, addresses, and other sermons;

3) Press works;

4) Musical works;

5) Dramatic works;

6) Architectural works;

7) Sketches, plans, maps, and drawings related to topography, architecture, or scientific works;

8) Folklore and folk artworks of folk culture;

9) Computer programs and data compilations.

For the whole life of the author and 50 (fifty) years after his/her death.

For a work under joint authorship, the term of protection expires in the 50^th (fiftieth) year after the death of the last surviving co-author.

1) Cinematographic works and works created by a process analogous to cinematography;

2) Plastic – artworks and works of applied art;

3) Photographic works;

4) Anonymous works.

75 (Seventy-five) years from the date of the work’s first publication.

12. What is related rights/rights relating to copyrights?

ELITE: Related rights (or rights relating to copyrights) means rights of organizations and individuals as to performances, phonograms, video recordings, broadcasts, and encrypted program–carrying satellite signals.

13. What is copyright?

ELITE LAW FIRM (ELITE): Copyright means the rights of organizations and individuals as to works that they have created on their own or they own.

14. Is there prosecution for copyright infringement in the Internet in Vietnam?

ELITE: Yes, copyright infringement in the Internet shall be prosecuted under Art. 28 of IP Law and Art. 225 of Criminal Code of Vietnam.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

15. Is copyright registration required to initiate a civil case?

ELITE LAW FIRM: No. In principle, a copyright registration certificate is not required to initiate a civil case under IP Law, Civil Code and other regulations of Vietnam.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

16. What types of works are not protected by copyright in Vietnam?

ELITE: We note that the following objects are not protected as copyrighted works (not covered by copyright protection) under Art. 15 of IP Law of Vietnam:

1. News of the day as mere items of press information;

2. Legal documents, administrative documents and other documents in the judicial domain and their official translations of these documents;

3. Processes, systems, operation methods, concepts, principles, and data;

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM – Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

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